The President of the People's Republic of China's Decree
No. 22
The Advertising Law of the People's Republic of China has been amended and adopted at the fourteenth meeting of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on April 24, 2015, and the amended Advertising Law of the People's Republic of China is hereby promulgated and shall come into effect on September 1, 2015.
President of the People's Republic of China Xi Jinping
April 24, 2015
The full text of the Advertising Law of the People's Republic of China 2017
(Adopted at the 10th meeting of the Standing Committee of the 8th National People's Congress on October 27, 1994; amended at the 14th meeting of the Standing Committee of the 12th National People's Congress on April 24, 2015)
Chapter 1 General Provisions
Article 1 This Law is formulated in order to standardize advertising activities, protect the legitimate rights and interests of consumers, promote the healthy development of the advertising industry, and maintain the order of the social economy.
Article 2 The commercial advertising activities of commodity operators or service providers in the territory of the People's Republic of China, who directly or indirectly introduce the commodities or services they promote through certain media and forms, shall be governed by this Law.
The term "广告 owner" as used in this Law refers to a natural person, legal person, or other organization that designs, produces, or places advertisements for the purpose of promoting goods or services, either on their own or by entrusting others to do so.
The term "advertising operator" as used in this Law refers to a natural person, legal person, or other organization that accepts a commission to provide advertising design, production, and agency services.
The term "advertising publisher" as used in this Law refers to a natural person, legal person, or other organization that publishes advertisements for the advertiser or for the advertising operator entrusted by the advertiser.
The term "advertising spokesperson" as used in this Law refers to a natural person, legal person, or other organization, other than the advertiser, who, in an advertisement, recommends or vouches for goods or services by their own name or image.
Article 3 Advertising shall be true and legal, and the content of advertising shall be expressed in a healthy form of expression, in accordance with the requirements of the construction of socialist spiritual civilization and the promotion of the excellent traditional culture of the Chinese nation.
Article 4: Advertising shall not contain false or misleading content, and shall not deceive or mislead consumers.
The advertiser shall be responsible for the authenticity of the advertising content.
Article 5 The advertisers, advertising operators and advertising publishers shall conduct advertising activities in accordance with the law, regulations, good faith and fair competition.
Article 6 The State Council's administrative department for industry and commerce shall be in charge of the overall supervision and management of advertising in the country, and the relevant departments of the State Council shall be responsible for the work related to advertising management within their respective duties.
County-level and above local industrial and commercial administrative departments are in charge of the supervision and management of advertising within their administrative regions, and the relevant departments of the people's governments at the county level and above are responsible for the work related to advertising management within the scope of their respective duties.
Article 7 The industry organizations of the advertising industry shall formulate industry norms in accordance with the law, regulations and charters, strengthen self-discipline of the industry, promote the development of the industry, guide members to carry out advertising activities in accordance with the law, and promote the construction of integrity in the advertising industry.
Chapter 2 Standards for Advertising Content
Article 8: If an advertisement for a product makes statements about its performance, function, origin, use, quality, composition, price, producer, expiration date, or promises, it should be accurate, clear, and easy to understand.
If the goods or services promoted in the advertisement are given away, the variety, specification, quantity, period and manner of the goods or services to be given away should be clearly stated.
The content that should be clearly stated in advertisements as stipulated by laws and administrative regulations shall be expressed in a prominent and clear manner.
Article 9: Advertising shall not contain the following:
(1) Use or use in a disguised manner the flag, national anthem, coat of arms, military flag, military song, and military coat of arms of the People's Republic of China;
(II) Use or give the appearance of using the name or image of state organs or state employees;
(3) The use of terms such as "national level", "highest level", "best", etc.;
(iv) damage the dignity or interests of the state, disclose state secrets;
(5) Obstructing social stability and damaging the public interest;
(6) Endangering personal and property safety, disclosing personal privacy;
(Seven) Obstructing public order or violating social良好 customs;
(8) contains pornographic, gambling, superstitious, terrorist, or violent content;
(9) Content that contains discrimination based on ethnicity, race, religion, or gender;
(10) Obstructing the protection of the environment, natural resources, or cultural heritage;
(11) Other cases prohibited by law and administrative regulations.
Article 10 Advertising shall not damage the physical and mental health of minors and the disabled.
Article 11 The content of the advertisement shall be consistent with the content of the administrative license that needs to be obtained.
Advertising that uses data, statistics, survey results, abstracts, quotations, and other cited content should be true and accurate, and the source should be indicated. If the cited content has a scope of application and an expiration date, it should be clearly stated.
Article 12 If a patent product or a patent method is involved in an advertisement, the patent number and the type of patent shall be indicated.
Not obtaining a patent, shall not be falsely stated in advertising to have obtained a patent.
Patent applications not yet patented and patents that have been terminated, revoked, or declared invalid may not be广告。
Article 13 Advertising shall not belittle the goods or services of other producers or operators.
Article 14: Advertising shall be identified as such so that consumers can recognize it as an advertisement.
Mass media shall not publish advertisements in the form of news reports. Advertising published through mass media shall be clearly marked as "Advertising" and distinguished from other non-advertising information, so as not to cause consumers to be misled.
Broadcasting stations and television stations shall comply with the provisions of the relevant departments of the State Council on the duration and manner of advertising when releasing advertisements, and shall make a clear prompt of the duration of the advertisement.
Article 15 Anesthetic drugs, psychotropic drugs, toxic drugs for medical use, radioactive drugs and other special drugs, drugs of the first category of psychotropic substances for medicinal purposes, and the drugs, medical devices and treatment methods for detoxification treatment shall not be advertised.
Other than the above, advertisements for prescription drugs may only be placed in medical and pharmaceutical professional publications designated by the State Council's health administrative department and the State Council's drug supervision and management department.
Article 16: Medical, pharmaceutical, and medical device advertisements shall not include the following content:
(1) Assertions or guarantees about the efficacy or safety;
(II) Explain the cure rate or effectiveness rate;
(III) compare with the efficacy and safety of other drugs, medical devices, or other medical institutions;
(4) using celebrities as recommenders or witnesses in advertising;
(5) Other content prohibited by law and administrative regulations.
The content of drug advertisements shall not be inconsistent with the instructions approved by the State Council's drug supervision and administration department, and shall prominently indicate contraindications and adverse reactions.Prescription drug advertisements shall prominently indicate "This advertisement is for the use of medical and pharmaceutical professionals only", and non-prescription drug advertisements shall prominently indicate "Please purchase and use according to the drug instructions or under the guidance of a pharmacist".
Advertising of medical devices for personal use shall be marked with "Please read the product instructions carefully or under the guidance of medical staff". If the registration certificate of the medical device product contains contraindications or precautions, it shall be marked with "Contraindications or precautions are detailed in the instructions" in the advertisement.
Article 17 Except for medical, drug, and medical device advertisements, other advertisements are prohibited from involving the therapeutic function of diseases, and from using medical terms or terms that are likely to confuse the promotion of goods with drugs and medical devices.
Article 18: Health food advertisements shall not include the following content:
(1) Assertions or guarantees about the efficacy or safety;
(II) Relating to the prevention and treatment of diseases;
(III) claiming or implying that the goods advertised are necessary for health;
(iv) Comparison with drugs, other health care products;
(5) Using advertising spokespersons to recommend or prove;
(six) Other content prohibited by law and administrative regulations.
Health food advertisements should prominently state "This product cannot replace medicine".
Article 19 Radio stations, television stations, newspaper and periodical audio-visual publishing units, and Internet information service providers shall not, in the form of introducing health and health care knowledge, publish medical, drug, medical device, and health food advertisements.
Article 20. It is forbidden to advertise baby milk powder, beverages and other foodstuffs that claim to replace全部or部分of breast milk in mass media or in public places.
Article 21. Agricultural pesticides, veterinary drugs, feed and feed additives advertisements shall not contain the following content:
(1) Assertions or guarantees about the efficacy or safety;
(II) Using the name or image of scientific research institutions, academic institutions, technology promotion institutions, industry associations, or professionals and users for recommendation or proof;
(III) explanation of efficiency;
(iv) Text, language, or pictures that violate the safety use procedures;
(5) Other content prohibited by law and administrative regulations.
Article 22: It is forbidden to advertise tobacco products on mass media or in public places, public transport, or outdoors. It is also forbidden to send any form of tobacco advertising to minors.
It is forbidden to use the advertising of other goods or services, public welfare advertisements, to promote the names, trademarks, packaging, decoration and similar content of tobacco products.
Announcements of relocation, name change, recruitment, etc. issued by manufacturers or sellers of tobacco products shall not contain the names, trademarks, packaging, decoration, and similar content of tobacco products.
Article 23. Alcoholic beverage advertisements shall not contain the following content:
(1) Inducing, encouraging drinking or promoting excessive drinking;
(II) The action of drinking appears;
(III) Demonstrating driving cars, boats, airplanes, etc.;
(iv) Expressly or impliedly state that drinking has the effect of relieving tension and anxiety, increasing physical strength, etc.
Article 24: Educational and training advertisements shall not include the following content:
(1) guaranteeing explicitly or implicitly the effect of further education, passing exams, obtaining academic qualifications or certificates of completion, or the effectiveness of education or training;
(II) Express or imply that there are relevant examination institutions or their staff, examination question setting personnel involved in education, training;
(III) Using the name or image of scientific research institutions, academic institutions, educational institutions, industry associations, professionals, or beneficiaries for recommendation or proof.
Article 25: Advertising of goods or services that have an expected investment return, such as those that attract investment, shall include reasonable warnings or cautions regarding potential risks and the assumption of risk responsibilities, and shall not include the following content:
(1) making guarantee statements about future effects, benefits, or other related matters, explicitly or implicitly guaranteeing principal, risk-free, or fixed returns, etc., except where otherwise provided by the state;
(II) Using the name or image of academic institutions, industry associations, professionals, or beneficiaries for recommendation or proof.
Article 26: Real estate advertisements shall be true to the information about the property, and the area shall indicate whether it is the construction area or the net area within the unit, and shall not contain the following content:
(1) Promises of appreciation or investment returns;
(II) Expressing the position of a project in terms of the time it takes to reach a specific reference point;
(III) Violation of national regulations on price management;
(4) Misleading publicity about traffic, commercial, cultural and educational facilities, and other municipal conditions that are planned or under construction.
Article 27 The advertisements for agricultural crop seeds, forest tree seeds, grass seeds, breeding livestock and poultry, aquatic seedlings, and seedlings for aquaculture and agricultural planting or breeding shall state the variety name, production performance, growth or yield, quality, resistance, special use value, economic value, and the scope and conditions of planting or breeding in a true, clear, and concise manner, and shall not contain the following content:
(1) making statements that cannot be verified scientifically;
(II)Assertions or guarantees of efficacy;
(III) analyze, predict, or make guarantee statements about the economic benefits;
(iv) Using the name or image of scientific research institutions, academic institutions, technology promotion institutions, industry associations, or professionals and users for recommendation or proof.
Article 28 Advertising that misleads or deceives consumers with false or misleading content constitutes a false advertisement.
Advertising is considered false if it has any of the following conditions:
(1) The goods or services do not exist;
(II) Information about the performance, function, origin, purpose, quality, specifications, composition, price, producer, validity period, sales status, and honors of goods, or the content, provider, form, quality, price, sales status, and honors of services, as well as promises related to goods or services, that do not match the actual situation and have a substantial impact on the purchasing behavior.
(III) Using fictional, forged, or unverifiable scientific research results, statistical data, survey results, abstracts, quotations, or other information as proof materials;
(iv) Falsifying the effects of using goods or accepting services;
(5) other situations that mislead consumers by false or misleading content.
Chapter 3 Advertising Conduct Code
Article 29 Radio stations, television stations, and newspaper publishing entities that engage in advertising shall establish a dedicated advertising department,配备 necessary personnel, have premises and equipment suitable for the dissemination of advertisements, and register for advertising dissemination with the local industrial and commercial administrative department at the county level or above.
Article 30 The advertising principal, the advertising operator, and the advertising publisher shall enter into a written contract in accordance with the law during the advertising activities.
Article 31: The advertisers, advertising operators, and advertising publishers shall not engage in any form of unfair competition in advertising activities.
Article 32: The advertising principal who entrusts the design, production, and release of advertisements shall entrust the advertising operator and the advertising publisher who have the legal qualifications to operate.
Article 33 The advertising principal or the advertising operator shall obtain the prior written consent of the person whose name or image is used in the advertisement; the prior written consent of the guardian shall be obtained if the name or image of a person without civil capacity or with limited civil capacity is used.
Article 34 The operators of advertisements and the publishers of advertisements shall, in accordance with the relevant provisions of the state, establish and improve the systems of registration, examination, and filing of advertising business.
Advertising operators and advertising publishers shall check the relevant certificates in accordance with the law and administrative regulations, and check the content of the advertisement. Advertising operators shall not provide design, production, and agency services for advertisements whose content does not conform or whose certificates are incomplete, and advertising publishers shall not publish such advertisements.
Article 35 The operators of advertisements and the publishers of advertisements shall publish their charging standards and methods.
Article 36 The data on coverage, audience ratings, click-through rates, circulation, etc., provided by the advertising publisher to the advertising client and advertising operator shall be true.
Article 37 Products or services whose production, sale, or provision is prohibited by law or administrative regulations, as well as goods or services for which advertising is prohibited, shall not be designed, produced, represented, or published by any unit or individual.
Article 38. An advertising endorser shall, in advertising, make recommendations or certifications about goods or services based on facts, comply with this Law and relevant laws and administrative regulations, and shall not make recommendations or certifications about goods or services that they have not used or not received.
No person under the age of ten may be used as an advertising spokesperson.
Individuals, legal entities, or other organizations who have been subject to administrative penalties for false advertising and have not been subject to such penalties for less than three years shall not be used as advertising spokespersons.
Article 39 No advertising activities shall be carried out in primary and secondary schools and kindergartens, and no advertisements shall be published or disseminated in the form of textbooks, teaching aids, exercise books, stationery, teaching aids, school uniforms, school buses, etc. for primary and secondary school students and kindergarten children, except for public welfare advertisements.
Article 40: It is not allowed to advertise medical services, pharmaceuticals, health food, medical devices, cosmetics, liquor, beauty services, and online games that are not beneficial to the physical and mental health of minors on mass media targeted at minors.
Advertising for goods or services for minors under the age of fourteen shall not contain the following content:
(1) Persuading them to request parents to purchase advertised goods or services;
(II) It may encourage them to imitate unsafe behaviors.
Article 41 The people's governments of the counties and above at the local level shall organize relevant departments to strengthen the supervision and management of the use of outdoor venues, spaces, facilities, etc., for the publication of outdoor advertisements, and formulate plans for the setting of outdoor advertisements and safety requirements.
The management measures for outdoor advertising shall be stipulated by local laws and local government regulations.
Article 42: The following circumstances shall not be subject to outdoor advertising:
(1) Using traffic safety facilities, traffic signs;
(II) Affect the use of municipal public facilities, traffic safety facilities, traffic signs, fire-fighting facilities, and fire safety signs;
(III) Obstructing production or people's lives, and damaging the urban appearance;
(iv) In the construction control zone of state organs, cultural relics protection units, scenic spots, etc., or in areas where outdoor advertising is prohibited by the people's government at or above the county level.
Article 43: No unit or individual shall send advertisements to a person's residence, means of transportation, etc., or send advertisements to them by electronic means without the consent or request of the party concerned.
When advertising is sent by electronic means, the true identity and contact information of the sender should be clearly stated, and a way for the recipient to opt-out of further receipt should be provided.
Article 44: The provisions of this Law shall be applicable to the conduct of advertising activities through the Internet.
Advertising should be published and sent out through the Internet without affecting the user's normal use of the Internet. Advertising published in the form of pop-ups on Internet pages should be clearly marked with a close sign to ensure one-click closing.
Article 45 The manager of a public place or an operator of a telecommunications business or a provider of Internet information services shall prevent the dissemination of illegal advertisements through their places or information transmission and dissemination platforms if they know or should know about it.
Chapter IV Supervision and Administration
Article 46: Medical, pharmaceutical, medical device, pesticide, veterinary drug, and health food advertisements, as well as other advertisements that should be reviewed according to laws and administrative regulations, shall be reviewed by relevant departments (hereinafter referred to as the advertising review authorities) before their release; no advertisement shall be released without review.
Article 47 The advertising sponsor shall submit the relevant documents to the advertising examination authority in accordance with the law and administrative regulations when applying for advertising examination.
The advertising examination authority shall make a decision on the examination in accordance with the law and the provisions of administrative regulations, and shall copy the examination approval documents to the same level of the industrial and commercial administrative management department. The advertising examination authority shall promptly publish the approved advertisements to the public.
Article 48: No unit or individual may forge, alter, or transfer the approval documents for advertising.
Article 49 The market supervision and administration departments, in performing their duties of advertising supervision and management, may exercise the following powers:
(1) Conduct on-site inspections of premises suspected of engaging in illegal advertising activities;
(II) Inquiry into the suspected illegal party or its legal representative, principal responsible person, and other relevant personnel, and investigation of relevant units or individuals;
(III) Require the suspected illegal party to provide relevant proof documents within a limited period;
(4) examine and copy contracts, documents, books, advertising works and other relevant materials related to the suspected illegal advertisements;
(5) Seize and seal up property directly related to the suspected illegal advertisement, such as advertising materials, business tools, equipment, etc.;
(6) Order the suspension of the dissemination of suspected illegal advertisements that may cause serious consequences;
(Seven) Other powers stipulated by laws and administrative regulations.
The administrative departments of industry and commerce shall establish and improve the system of advertising monitoring, improve monitoring measures, and promptly discover and investigate and deal with illegal advertising acts in accordance with the law.
Article 50 The State Administration for Industry and Commerce, together with other relevant State departments, shall formulate regulations on the advertising practices of mass media.
Article 51 The administrative departments for industry and commerce shall exercise their powers in accordance with this Law, and the parties concerned shall assist and cooperate, and shall not refuse or obstruct.
Article 52 The market supervision and administration departments and other relevant departments and their staff shall be liable to keep confidential the business secrets they come to know in the course of their advertising supervision and administration activities.
Article 53 Any unit or individual has the right to complain or report to the administrative departments for industry and commerce and other relevant departments the acts in violation of this Law. The administrative departments for industry and commerce and other relevant departments shall make public the telephone, mailbox or e-mail address for receiving complaints and reports, and the department receiving the complaints and reports shall handle them within seven working days from the date of receipt of the complaints and inform the complainers and reporters.
The administrative departments for industry and commerce and other relevant departments shall be subject to disciplinary action if they fail to perform their duties in accordance with the law. Any unit or individual has the right to report to their superior authorities or supervisory authorities. The authorities receiving the reports shall deal with them in accordance with the law and inform the reporters of the results in a timely manner.
Departments should keep confidential the complainant and the accuser.
Article 54 The Consumer Association and other consumer organizations shall, in accordance with the law, exercise social supervision over the publication of false advertisements that infringe upon the legitimate rights and interests of consumers and other acts that damage the public interest.
Chapter V Legal Liability
Article 55 If an advertisement is found to be false in violation of this Law, the administrative department of industry and commerce shall order the advertisement to be stopped, order the advertiser to eliminate the impact in the corresponding scope, impose a fine of more than three times and up to five times the advertising cost, and if the advertising cost cannot be calculated or is obviously low, impose a fine of more than 200,000 yuan and up to 1,000,000 yuan; if there are more than three violations within two years or other serious circumstances, impose a fine of more than five times and up to ten times the advertising cost, and if the advertising cost cannot be calculated or is obviously low, impose a fine of more than 1,000,000 yuan and up to 2,000,000 yuan, and the business license may be revoked, and the advertising examination organ shall withdraw the advertising examination approval document, and shall not accept its advertising examination application within one year.
Healthcare institutions that violate the provisions of the preceding paragraph shall, in addition to the penalties imposed by the administrative department for industry and commerce in accordance with this Law, be subject to the revocation of the diagnosis and treatment subjects or the revocation of the medical institution practice license by the health administrative department if the circumstances are serious.
Advertising operators and advertising publishers who know or should know that the advertisement is false and still design, produce, act as agents for, or release it shall be subject to the following penalties by the administrative departments for industry and commerce: the advertising fees shall be seized, and a fine of more than three times and up to five times the advertising fees shall be imposed; if the advertising fees cannot be calculated or are obviously low, a fine of more than 200,000 yuan and up to 1,000,000 yuan shall be imposed; if there are more than three violations within two years or other serious circumstances, a fine of more than five times and up to ten times the advertising fees shall be imposed; if the advertising fees cannot be calculated or are obviously low, a fine of more than 1,000,000 yuan and up to 2,000,000 yuan shall be imposed, and the relevant departments may suspend the advertising release business, cancel the business license, and cancel the advertising release registration certificate.
If the advertisers, advertising operators, or advertising publishers have the acts stipulated in the first and third paragraphs of this Article, and if such acts constitute a crime, the criminal responsibility shall be investigated according to law.
Article 56: If an advertisement violates this Law, is false, and deceives or misleads consumers, causing damage to the legitimate rights and interests of consumers who purchase goods or receive services, the advertiser shall bear civil liability in accordance with the law. If the operator of the advertisement or the publisher of the advertisement cannot provide the true name, address, and valid contact information of the advertiser, the consumer may request the operator of the advertisement or the publisher of the advertisement to compensate first.
For false advertisements concerning goods or services that relate to consumers’ life and health and cause damage to consumers, the advertising operator, the advertiser, and the advertising endorser shall bear joint and several liability together with the advertiser.
FALSE ADVERTISEMENTS OF GOODS OR SERVICES OTHER THAN THOSE MENTIONED IN THE PRECEDING PROVISIONS THAT CAUSE damage to consumers shall be jointly and severally liable with the advertisers, the operators of advertisements, the producers of advertisements, and the endorsers who know or should know that the advertisements are false but still design, produce, act as agents for, or publish or recommend or certify them.
Article 57 If any of the following acts is committed, the administrative department of industry and commerce shall order the cessation of the advertisement, impose a fine of more than 200,000 yuan and less than 1,000,000 yuan on the advertiser, and if the circumstances are serious, it may also吊revoke the business license, and the advertising examination organ shall cancel the advertisement examination approval document and not accept its advertisement examination application for one year; for the advertising operator and the advertising publisher, the administrative department of industry and commerce shall seize the advertising fee, impose a fine of more than 200,000 yuan and less than 1,000,000 yuan, and if the circumstances are serious, it may also吊revoke the business license and the advertising release registration certificate:
(1) Publishing advertisements that violate the prohibited circumstances stipulated in Article 9 and Article 10 of this Law;
(II) Violating Article 15 of this Law,发布 prescription drug advertisements, advertisements for Class A and Class B psychotropic substances, and advertisements for medical devices and treatment methods for drug dependence.
(III) Violating Article 20 of this Law, and issuing advertisements for infant formula milk powder, beverages, and other foods that claim to fully or partially replace breast milk;
(iv) Violating Article 22 of this Law by publishing tobacco advertisements;
(5) Violating Article 37 of this Law, using advertisements to promote the production and sale of products or services that are prohibited, or the goods or services that are prohibited from advertising;
(6) Violating the provisions of Article 40, Paragraph 1 of this Law, and publishing medical, pharmaceutical, health food, medical devices, cosmetics, liquor, beauty advertisements, as well as online game advertisements that are not conducive to the physical and mental health of minors, on mass media aimed at minors.
Article 58 If any of the following acts is committed, the administrative department of industry and commerce shall order the cessation of the advertisement, order the advertiser to eliminate the influence in a corresponding scope, impose a fine of more than one time and less than three times the advertising cost, a fine of more than 100,000 yuan and less than 200,000 yuan if the advertising cost cannot be calculated or is obviously low; if the circumstances are serious, impose a fine of more than three times and less than five times the advertising cost, a fine of more than 200,000 yuan and less than 1,000,000 yuan if the advertising cost cannot be calculated or is obviously low, and may cancel the business license, and the advertising examination organ shall cancel the advertising examination approval document, and shall not accept its advertising examination application within one year:
(1) Violating Article 16 of this Law and releasing advertisements for medical treatment, drugs, and medical devices;
(II) Violating Article 17 of this Law, involving the treatment function of diseases in advertisements, and using medical terms or terms that are easily confused with drugs, medical devices, etc., in the promotion of goods;
(III) Violating Article 18 of this Law and releasing advertisements for health food;
(4) Violating the provisions of Article 21 of this Law and releasing advertisements for pesticides, veterinary drugs, feed and feed additives;
(5) Violating Article 23 of this Law and releasing advertisements for liquor;
(6) Violating Article 24 of this Law by issuing advertisements for education and training;
(7) Violating Article 25 of this Law by issuing advertisements for investment returns or expectations of investment returns for goods or services for business purposes;
(8) Violating Article 26 of this Law to release real estate advertisements;
(9) Violating Article 27 of this Law by issuing advertisements for agricultural crop seeds, forest tree seeds, grass seeds, breeding livestock and poultry, aquatic seedlings, and seedlings for aquaculture and agricultural cultivation;
(10) Violation of Article 38, Paragraph 2 of this Law, using minors under the age of ten as advertising spokespersons;
(11) Violating the provisions of Article 38, Paragraph 3 of this Law, using natural persons, legal persons, or other organizations as advertising spokespersons;
(12) Violating Article 39 of this Law, releasing advertisements in primary and secondary schools, kindergartens, or using items related to primary and secondary school students and kindergarten children to release advertisements;
(Thirteen) Violating the provisions of Article 40, Paragraph 2 of this Law, and issuing advertisements for goods or services aimed at minors under the age of fourteen;
(14) Violating Article 46 of this Law, and releasing advertisements without examination.
Healthcare institutions that violate the provisions of the preceding paragraph shall, in addition to the penalties imposed by the administrative department for industry and commerce in accordance with this Law, be subject to the revocation of the diagnosis and treatment subjects or the revocation of the medical institution practice license by the health administrative department if the circumstances are serious.
Advertising operators and advertising publishers who know or should know of the illegal acts stipulated in the first paragraph of this Article and still design, produce, act as agents for, or release advertisements shall be subject to the following penalties by the administrative departments of industry and commerce: the advertising fees shall be confiscated, and a fine of more than one time and less than three times the amount of the advertising fees shall be imposed; if the advertising fees cannot be calculated or are obviously low, a fine of more than 100,000 yuan and less than 200,000 yuan shall be imposed; in serious cases, a fine of more than three times and less than five times the amount of the advertising fees shall be imposed, and if the advertising fees cannot be calculated or are obviously low, a fine of more than 200,000 yuan and less than 1,000,000 yuan shall be imposed, and the relevant departments may suspend the advertising release business, cancel the business license, and cancel the advertising release registration certificate.
Article 59 If any of the following acts occur, the industrial and commercial administrative department shall order the advertisement to be stopped and impose a fine of less than 100,000 yuan on the advertiser:
(1) Advertising content violates Article 8 of this Law;
(II) Advertising references violate the provisions of Article 11 of this Law;
(3) Advertising involving patents violates Article 12 of this Law;
(4) Violation of Article 13 of this Law, advertising that belittles the goods or services of other producers or operators.
Advertising operators and advertising publishers who know or should know of the violations referred to in the preceding paragraph and still design, produce, act as agents for, or release advertisements shall be subject to a fine of less than 100,000 yuan by the administrative department of industry and commerce.
Advertising that violates Article 14 of this Law and does not have identifiability, or violates Article 19 of this Law and is published in a disguised form of medical, pharmaceutical, medical device, and health food advertisements, shall be corrected by the administrative department of industry and commerce, and a fine of less than 100,000 yuan shall be imposed on the advertising publisher.
Article 60. Those who violate Article 29 of this Law and fail to obtain the registration for advertising release by radio stations, television stations, and newspaper publishing units, and engage in advertising release business without authorization, shall be ordered by the administrative department of industry and commerce to correct their actions, have their illegal gains confiscated, and be fined one to three times the amount of their illegal gains if the illegal gains exceed ten thousand yuan; if the illegal gains are less than ten thousand yuan, a fine of between five thousand yuan and thirty thousand yuan shall be imposed.
Article 61. Violation of Article 34 of this Law, where an advertising operator or an advertising publisher fails to establish and improve the advertising business management system in accordance with the relevant provisions of the state, or fails to check the content of the advertisement, shall be ordered by the administrative department of industry and commerce to make corrections and may be fined up to 50,000 yuan.
Those who violate Article 35 of this Law and fail to announce their charging standards and methods for advertising shall be ordered to correct by the price authorities, and may be fined up to 50,000 yuan.
Article 62 If an advertising spokesperson has any of the following circumstances, the industrial and commercial administrative department shall seize the illegal gains and impose a fine of one to two times the illegal gains:
(1) Violating the provisions of Article 16, Paragraph 1, Item 4 of this Law, making recommendations or guarantees in medical, pharmaceutical, and medical device advertisements;
(II) Violating the provisions of Article 18, Paragraph 1, Item 5 of this Law, recommending or proving health food advertisements;
(III) Violating the provisions of Article 38, Paragraph 1 of this Law, by recommending or proving goods or services that they have not used or received;
(4) Knowingly or reasonably should know that the advertisement is false, but still recommend or certify goods or services in the advertisement.
Article 63: Those who violate Article 43 of this Law by sending advertisements shall be ordered by the relevant departments to stop the illegal act, and a fine of more than 5,000 yuan and less than 30,000 yuan shall be imposed on the advertiser.
Those who violate the provisions of Article 44, Paragraph 2 of this Law, and fail to prominently mark the close button and ensure one-click closing when releasing advertisements through the Internet, shall be ordered to correct by the administrative department for industry and commerce, and a fine of more than 5,000 yuan and less than 30,000 yuan shall be imposed on the advertising employer.
Article 64 Violation of Article 45 of this Law, the managers of public places and telecommunications business operators and Internet information service providers who know or should know that advertising activities are illegal and do not stop them shall be ordered by the administrative department of industry and commerce to seize the illegal gains, and if the illegal gains exceed 50,000 yuan, a fine of more than one time and less than three times the illegal gains shall be imposed; if the illegal gains are less than 50,000 yuan, a fine of more than 10,000 yuan and less than 50,000 yuan shall be imposed; in serious cases, the relevant departments shall stop the related business in accordance with the law.
Article 65 If an applicant for advertising approval violates the provisions of this Law by concealing the truth or providing false materials, the advertising approval authority shall not accept or approve the application, issue a warning, and not accept the advertising approval application of the applicant for one year; if the advertising approval is obtained by means of fraud, bribery, or other improper means, the advertising approval authority shall revoke it, impose a fine of more than 100,000 yuan and less than 200,000 yuan, and not accept the advertising approval application of the applicant for three years.
Article 66: Those who violate the provisions of this Law by forging, alterating, or transferring advertising review and approval documents shall be investigated by the administrative departments of industry and commerce, which shall seize the illegal gains and impose a fine of more than one ten thousand yuan but less than one hundred thousand yuan.
Article 67 If there is a violation of the provisions of this Law, the administrative department of industry and commerce shall record it in the credit file and publish it in accordance with the relevant laws and administrative regulations.
Article 68 Radio stations, television stations, and newspapers and periodicals that issue illegal advertisements, or issue advertisements in the form of news reports, or issue medical, pharmaceutical, medical device, and health food advertisements in the form of health and health care knowledge, shall be punished by the administrative department of industry and commerce in accordance with this Law, the administrative department of industry and commerce shall report to the news出版 radio and television department and other relevant departments. The news出版 radio and television department and other relevant departments shall, in accordance with the law, discipline the responsible persons in charge and the directly responsible personnel; in serious cases, they may suspend the advertising business of the media.